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Don't miss out on our 1st Annual Elder Law Forum for Professionals
Wed., Nov.12, 2008 1:00 PM - 4:30 PM
Hosted by Classic Residence by Hyatt in Boca Raton The Forum will feature a unique array of presenters from health care, insurance, government, law and consumer advocacy, who will address critical questions facing seniors and people with disabilities living in Florida.
Forum attendees will be invited to engage in small group discussions, pose questions and have great input into the dialogue. We hope to foster communication and collegiality through an interdisciplinary approach. The breakout sessions are structured to utilize the experience of our speakers, and to provide a full opportunity to engage in open dialogue. For more information call: 1-800-ELDERLAW
(353-3752) or 561-750-3850
Who Should Attend?
This event is for professionals who work with seniors and with people with disabilities. This includes, but is not limited to: attorneys, aging network staff and board members, administrators and policy planners, health care professionals, social workers, counselors and family therapists, guardians, nonprofit agency staff, long term care, retirement and assisted living staff, hospice and home health care agencies, geriatric care managers and physicians. Registration required. Presenters
*Darrick D. McGhee, Director of Legislative Affairs for the Department of Elder Affairs for the State of Florida
*Jaclynn I. Faffer, PhD, Executive Director of Ruth Rales Jewish Family Service of South Palm Beach County
*Elayne Forgie, PhD, CMC, president and founder of the ElderCare Resource Center, ElderCare at Home, and The ElderCare Foundation, a not-for-profit corp. that provides 24 hours of emergency respite care in the home
*Veronica Logan, Administrator of Springtree Rehabilitation and Health Care Center in Sunrise, FL
*Marc Dubin, Esq., Director of Advocacy for the Center for Independent Living of South Florida (Miami-Dade) and consultant on the federal civil rights of people with disabilities
*Laura Goodhue, Executive Director of Florida CHAIN, a statewide health care advocacy organization that leads the state in championing for access to affordable and quality health care for all Floridians
*Yolanda Rodriguez, Project Director of the Northwest Focal Point Senior Center and Adult Day Care in Margate, FL
*Julie Gelbwaks Gewirtz, Vice President of Marketing for Gelbwaks Insurance Services, Inc.
*Howard S. Krooks, Esq., CELA and Ellen S. Morris, Esq., Partners of Elder Law Associates PA
We provide The Elder Law Update to our clients and our colleagues who make up a wide range of service providers for seniors and people with disabilities to facilitate the dissemination of helpful and accurate information. We thank you for letting us share our knowledge with you. We continue to welcome your comments and questions. You may send them to Info@ElderLawAssociates.com. |
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Are You Sitting Down? Medicare Premium to Remain Unchanged in 2009
For the first time in eight years, Medicare's monthly premium will remain unchanged for most of the program's 44 million beneficiaries. The Centers for Medicare and Medicaid Services (CMS) announced that the Part B premium will remain at its 2008 level of $96.40 for 2009 for individuals earning $85,000 or less or couples earning $170,000 or less. The premium will go up for higher earners (see list below). The Part B deductible will remain at its 2008 level as well.
The monthly premium paid by beneficiaries enrolled in Medicare Part B covers a portion of the cost of physicians' services, outpatient hospital services, certain home health services, durable medical equipment, and other items.
This is only the sixth time since Medicare was created in 1965 that the Part B premium stayed the same for two consecutive years, said Richard Foster, Medicare's chief actuary.
Anticipating concerns, Foster, who has worked for the agency since the early 1970s, said "There is no political manipulation." The premium will hold steady in part because Medicare's reserves have increased, according to a CMS statement. Foster said monthly rates are likely to go up in 2010 as health costs continue to rise.
AARP warned in a statement that "Lawmakers should not use today's announcement as an excuse to rest. The average 73-year-old in Medicare has seen his or her premium double since joining the program. Americans old and young continue to struggle with skyrocketing health-care costs." (For example, a recent analysis found that the average monthly premium for stand-alone Medicare prescription drug coverage will increase by 24 percent to $37 next year.)
While the Part B premium and deductible will not rise, other Medicare deductibles and co-payments will. Here are all the new Medicare figures for 2009:
- Basic Part B premium: $96.40/month (unchanged)
- Part B deductible: $135 (unchanged)
- Part A deductible: $1,068 (was $1,024)
- Co-payment for hospital stay days 61-90: $267/day (was $256)
- Co-payment for hospital stay days 91 and beyond: $534/day (was $512)
- Skilled nursing facility co-payment, days 21-100: $133.50/day (was $128)
As directed by the 2003 Medicare law, higher-income beneficiaries will pay higher Part B premiums. About 5 percent of current Part B enrollees are expected to be subject to the higher premium amounts. Following are those amounts for 2009:
- Individuals with annual incomes between $85,000 and $107,000 and married couples with annual incomes between $170,000 and $214,000 in 2009 will pay a monthly premium of $134.90.
- Individuals with annual incomes between $107,000 and $160,000 and married couples with annual incomes between $214,000 and $320,000 in 2009 will pay a monthly premium of $192.70.
- Individuals with annual incomes between $160,000 and $213,000 and married couples with annual incomes between $320,000 and $426,000 in 2009 will pay a monthly premium of $250.50.
- Individuals with annual incomes of $213,000 or more and married couples with annual incomes of $426,000 or more in 2009 will pay a monthly premium of $308.30.
Rates differ for beneficiaries who are married but file a separate tax return from their spouse:
- Those with incomes between $85,000 and $128,000 will pay a monthly premium of $250.50.
- Those with incomes greater than $128,000 will pay a monthly premium of $308.30.
For more information on the increases, click here.
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Does Your Will Name an Alternate Beneficiary?
What will happen to your estate if your primary beneficiary does not survive you? If your Will does not name an alternate beneficiary, your estate will be divided according to state law. The way the state divides your estate may not agree with your wishes. Your money may go to someone you don't like or to someone who is unable to handle it.
For example, suppose your Will divides your estate among your spouse and three children. If one child dies before you, do you want his or her portion of your estate to go to your grandchildren? To your other children? To your spouse? Or perhaps to a charitable organization or institution? Another issue to consider is whether the person who would inherit under the law is too young or has special needs. In that case, you may need a Trust to protect the assets.
Double check your Will to make sure it names an alternate beneficiary. And if you don't already have a Will, being able to name an alternate beneficiary is an important reason to create one.
Naming an alternate is a good idea for other provisions in your Will as well. If you have young children, you should also consider naming an alternate guardian for your children in the event your first choice is unable to fulfill his or her obligation. In addition, you may want to appoint an alternate executor in case the first one cannot serve.
Elder Law Associates PA can review your documents and help you ensure you have considered all the possibilities. Click here to request more information. |
BOOK REVIEW: Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes
Joseph Roubicek. Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes.
Ruby House Publisher. 2008. 161 pages.
$13.05 from Amazon (click on book to order)
Although elderly individuals are often the victims of fraud, there is another type of financial abuse that is more difficult to prosecute. This sometimes shocking book explains how the elderly are often exploited financially and offers some tips to avoiding such exploitation.
Written by Joe Roubicek, a former detective with the Fort Lauderdale Police Department who investigated more than 1,000 cases of exploitation against the elderly, Financial Abuse of the Elderly offers a sobering view of how predators are able to take advantage of elderly individuals. Mr. Roubicek provides examples from actual cases he investigated to illustrate the difficulty in catching these financial abusers.
Roubicek emphasizes the difference between fraud and exploitation. While fraud involves deception, exploitation involves taking advantage of an elderly person's disability, such as short-term memory loss. Exploiters often convince an elderly victim to give them gifts, and before long a bank account can be emptied. According to Roubicek, such exploitation is difficult to stop because it appears the elderly individual is acting voluntarily.
While Roubicek offers some recommendations, such as Trusts and Powers of Attorney, for protecting yourself or someone you love from being exploited, the book is mainly an eye-opening look at how to recognize financial exploitation in all its heartless forms. | |
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How Does Work Affect Your Social Security Payments?
Many people continue to work beyond retirement age, either by choice or out of necessity. But if you are receiving Social Security benefits, you need to be aware of how working can affect your benefit payments. Earning income above Social Security thresholds can cause a reduction in benefits and mean your benefits will be taxed.
Whether it makes sense to work and collect Social Security at the same time is a complicated assessment that depends on how much you earn and when you begin taking Social Security benefits.
If you work and are full retirement age or older, you can earn as much as you want and your benefits will not be reduced. However, individuals may begin taking Social Security retirement benefits early beginning at age 62. If you are younger than full retirement age, there is a limit to how much you can earn and still receive full benefits. If you earn more than $13,560 (in 2008), Social Security will deduct $1 from your benefits for each $2 you earn over the threshold. In the year you reach full retirement age, you can earn up to $36,120 (in 2008) without having a reduction in benefits. However, if you exceed $36,120 in earnings, Social Security will deduct $1 from your benefits for each $3 you earn until the month you reach full retirement age. Once you reach full retirement age, your benefits will no longer be reduced.
For example, if your monthly Social Security benefit is $700 and you earn less than $13,560, you will receive $8,400 in benefits. However, if you earn $15,000 ($1,440 over the threshold), you will receive $7,680 in benefits. For more information, click here.
Note that if your benefits are withheld, at least some of those benefits will be returned to you in the form of higher monthly benefits once you reach full retirement age. When you reach full retirement age, Social Security will recalculate your benefits to take into account the months in which your benefits were withheld. In addition, if your latest year of earnings turns out to be one of your highest years, Social Security will refigure your benefit based on the higher earnings and pay you any increase due.
Another way that working can affect Social Security is with regard to taxes. If your combined income (Social Security calculates "combined income" by adding one-half of your Social Security benefits to your other income) is between $25,000 and $34,000 (or $32,000 and $44,000, if filing jointly), you may have to pay taxes on 50 percent of your benefits. If your income is more than $34,000 (or $44,000 if filing jointly), then you may have to pay taxes on up to 85 percent of your benefits. For more information on taxes and Social Security benefits, click here.
For more information on Social Security, click here. |
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Investment Pundits Urge Calm, Patience
It's being called the greatest shock to the U.S. financial system since the Great Depression. With major brokerage houses and insurers going under and Wall Street gyrating wildly, many are wondering if there is any safe place to put their money and what, if any, investment moves they should make.
In a survey of investment advice being given in the wake of the recent financial turmoil, ElderLawAnswers found that investment strategists are counseling calm and not recommending shopping for mattresses.
Greg McBride, senior financial analyst at Bankrate.com, told the Baltimore Sun that his advice is no different today than it was "last week, a year ago or 10 years ago. This really doesn't change the long-term game plan for consumers, such as saving for retirement, college education or other goals," McBride said.
Treasury bills and bonds are among the safest investments, provided you hold them until they mature, he said. Many investors consider the three-month Treasury bond to be the safest investment available. The yield on the three-month bill rose to 0.22 percent on September 18 after flirting with its 68-year low of 0.02 percent earlier in the session.
You can also put money in bank accounts, "but this should really only be done with short-term investments," McBride said. "The comparatively low return on bank accounts will not grow the buying power of your nest egg." Also, make sure that the bank is FDIC-insured and that your accounts do not exceed FDIC's insurance limits. (Find them at FDIC.gov)
In an article titled "How Worried Should You Be?, Newsweek advised that "Money-market mutual funds are reportedly safe . . . But since some money funds do own corporate debt, like that of Lehman Brothers, it makes sense to be absolutely certain. Stick with government-backed money-market funds or bank money-market deposit accounts. Right now, interest rates in all of these accounts remain so low that it isn't worth taking extra risks to be in an unsecured commercial money-market fund."
Jeffrey R. Kosnett, a senior editor of Kiplinger's Personal Finance, suggested that readers might look into U.S. corporate bonds outside the financial sector, but selectively, and that the decline in Treasury yields has enhanced the attractiveness of tax-exempt municipal bonds.
What About the Stock Market?
Commentators believe that the market hasn't hit bottom yet, but that it's close, and that there are some bargains to be had for those with the stomach for riding the market at this time.
"Please don't pull out [of your 401(k)]," financial expert Louis Barajas told CBS News.com. "In fact, what an opportunity to add more money to your portfolio right now."
"The more things go down, the better future returns will be in the long term," Bill Stone, chief investment strategist at PNC Wealth Management Stone, told CNNMoney.com. "If your eventual goal is building wealth that outpaces inflation, odds are in your favor if you invest in stocks, even though that's taking longer now than we would have liked."
Noting that 10-year Treasury bonds were yielding 3.5 percent, less than the rate of inflation, Kiplinger's Kosnett said that "with Standard & Poor's 500-stock index now trading at 12.5 times projected 2009 earnings, stocks don't seem anywhere near as risky as long-term bonds (even allowing for the likelihood that earnings estimates will come down)."
Now more than ever, "people need to make sure they are diversified broadly, in the U.S. and global markets," said Erik Davidson, senior director of investments with Wells Fargo Private Bank, told the San Francisco Chronicle. "Make sure you have some commodities, which are looking cheaper now."
Not everyone is bullish on the market, however. David Tice, manager of the Prudent Bear fund, told Kiplinger's that investors "should sell stocks, buy gold, save money and cut expenses." Gold prices rose $70 an ounce on September 17, the largest one-day jump in history.
Retirees Hit Hard
The stakes are higher for those nearing retirement or who are already there and trying to get by on a dwindling nest egg. Unlike younger workers, they don't necessarily have years to wait for the markets to rebound.
"For those nearing retirement, you definitely need to keep a large portion of your assets in cash," finance expert David Bate told CBS News.com.
Shrinking investment returns are forcing many retirees to trim household expenses, the Los Angeles Times reports. Others are postponing retirement or getting jobs to make ends meet.
Today's retirees have less money in savings, longer life expectancies and greater exposure to market risk than any retirees since World War II, the The New York Times reports. "There's a terrified older population out there," said Alicia H. Munnell, director of the Center for Retirement Research at Boston College. "If you're 45 and the market goes down, it bothers you, but it comes back. But if you're retired or about to retire, you might have to sell your assets before they have a chance to recover. And people don't have the luxury of being in bonds because they don't yield enough for how long we live." |
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Elder Law Associates PA is a boutique elder law firm that practices exclusively in Medicaid and long term care planning including long term care insurance, Medicaid applications, home and community-based Medicaid waiver services, diversion program benefits, nursing home benefits, spousal refusal applications, and Medicaid fair hearings and appeals; nursing home and assisted living facility residents' rights litigation; asset preservation planning with a special focus on planning in light of the Deficit Reduction Act of 2005, including personal service agreements, the purchase of life estates, income producing real estate and spenddown planning; disability planning, including special needs trusts and guardianship; estate planning, including wills and trusts and advance directives; and probate, which encompasses estate and trust administration as well as litigation.
We assist clients in planning for the possibility of disability, incapacity, home health care, assisted living and/or nursing home placement. Our firm enables clients to avoid impoverishment caused by the escalating cost of long term care, to maintain their right to make health care decisions and to avoid unnecessary medical treatment.
We hope you have enjoyed The Elder Law Update. If you have questions about something you read, elder law matters or issues concerning persons with disabilities, we would be delighted to hear from you. We serve as an elder law resource to many professionals and organizations and want to become your elder law resource as well. You can reach us at Info@ElderLawAssociates.com.
Warm regards,
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Ellen S. Morris, Esq. & Howard S. Krooks, Esq., CELA
Elder Law Associates PA
phone: (561) 750-3850 / (800) 353-3752
fax: (561) 750-4069
This publication is intended for general information purposes only. It is not intended to constitute individual legal advice to any specific client. |
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